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SU’s contention that Linda is a domestic helper is without basis (B). Yes. The certification election is valid because it is not a barred
because the latter did not minister to the personal comfort of the election and majority of the eligible voters cast their votes.
members of any household. Although a cook, hence listed, she
cannot be classified as a Kasambahay because she rendered (C). No. Union A should not be declared the winner because it failed
services for resident religious teachers in a university which was not to garner majority of the valid votes. The majority of 500 votes,
a household. representing valid votes, is 251 votes. Since Union A received 200
votes only, it did not win the election.
2. Lucy was one of approximately 500 call center agents at
Hambergis, Inc. She was hired as a contractual employee four years (D) None of the participating unions can represent the rank-and-file
ago. Her contracts would be for a duration of five (5) months at a employees for purposes of collective bargaining because none of
time, usually after a one month interval. Her re-hiring was contingent them enjoys majority representative status.
on her performance for the immediately preceding contract. Six (6)
months after the expiration of her last contract, Lucy went to (E) If the 10 votes were segregated on the same grounds, Union A
Hambergis personnel department to inquire why she was not yet cannot still be certified as the bargaining representative because its
being recalled to work. She was told that her performance during her vote of 250 is still short of the majority vote of 251. However, if the
last contract was "below average." Lucy seeks your legal advice 10 votes were validly segregated, majority vote would be 246 votes.
about her chances of getting her job back. What will your advice be? Since Union a received more than majority vote then it won the
election.
I will advise Lucy to file a complaint for constructive dismissal, with
prayer for reinstatement, because her floating status has exceeded 4. Lina has been working as a steward with a Miami, U.S.A.-based
six (6) months. Loyal Cruise Lines for the past 15 years. She was recruited by a
local manning agency, Macapagal Shipping, and was made to sign
By virtue of the nature of her job, Lucy attained tenure on the first a 10-month employment contract everytime she left for Miami.
day of her employment. As a regular employee, therefore, she Macapagal Shipping paid for Lina’s round-trip travel expenses from
could only be dismissed for a just or authorized cause. Expiration of Manila to Miami. Because of a food poisoning incident which
her last contract was neither a just nor authorized cause. Hence, happened during her last cruise assignment, Lina was not re-hired.
she was illegally dismissed. Moreover, her term employment Lina claims she has been illegally terminated and seeks separation
contracts were contracts of adhesion; hence, they should be taken pay. If you were the Labor Arbiter handling the case, how would you
against Hambergis Inc. because of its obvious intent to use periods decide?
to bar her regularization.
I will dismiss the complaint for illegal dismissal.
3. Liwayway Glass had 600 rank-and-file employees. Three rival
unions – A, B, and C – participated in the certification elections Lina is a seafarer. As such, she is a contractual employee who
ordered by the Med-Arbiter. 500 employees voted. The unions cannot require her employer to enter into another contract of
obtained the following votes: A-200; B-150; C-50; 90 employees employment with her under the Principle of Freedom of Contracts.
voted "no union"; and 10 were segregated votes. Out of the In effect, Lina cannot be awarded separation pay. As an alternative
segregated votes, four (4) were cast by probationary employees and relief, separation pay is proper only when there is a finding of illegal
six (6) were cast by dismissed employees whose respective cases dismissal.
are still on appeal.
5. Non-lawyers can appear before the Labor Arbiter if:
(A) Should the votes of the probationary and dismissed employees
be counted in the total votes cast for the purpose of determining the (A) they represent themselves
winning labor union? (B) they are properly authorized to represent their legitimate labor
(B) Was there a valid election? organization or member thereof
(C) Should Union A be declared the winner? (C) they are duly-accredited members of the legal aid office
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(D) Suppose the election is declared invalid, which of the contending recognized by the DOJ or IBP
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unions should represent the rank-and-file employees? (D) they appear in cases involving an amount of less than Php5,000
denial of due process. If you were the Labor Arbiter, how would you
6. As a result of a bargaining deadlock between Lazo Corporation decide the case?
and Lazo Employees Union, the latter staged a strike. During the
strike, several employees committed illegal acts. Eventually, its I will dismiss the complaint for illegal dismissal.
members informed the company of their intention to return to work.
Luisa committed serious misconduct. Her Indian boss, regardless
(A) Can Lazo Corporation refuse to admit the strikers? of his arrogant nature, had the clear right to reprimand her for her
(B) Assuming the company admits the strikers, can it later on dismiss poor performance. Absent justification for verbally fighting back,
those employees who committed illegal acts? Luisa’s act amounted to serious misconduct. Therefore, her
(C) If due to prolonged strike, Lazo Corporation hired replacements, dismissal was valid. However, she was not accorded statutory due
can it refuse to admit the replaced strikers? process. For this reason, I will award her nominal damages of Php
30,000.
(A) No. A strike is a temporary stoppage of work only. Therefore,
strikers can go back to their work in the event of a voluntary 9. Lionel, an American citizen whose parents migrated to the U.S.
abandonment of their strike. from the Philippines, was hired by JP Morgan in New York as a call
center specialist. Hearing about the phenomenal growth of the call
(B) After admission, the company can hold the strikers behind the center industry in his parents’ native land, Lionel sought and was
illegalities accountable for their acts. If found to have committed granted a transfer as a call center manager for JP Morgan’s
acts justifying a dismissal, said employees can be terminated after operations in Taguig City. Lionel’s employment contract did not
due process. specify a period for his stay in the Philippines. After three years of
working in the Philippines, Lionel was advised that he was being
(C) No. The positions left behind by strikers are deemed legally recalled to New York and being promoted to the position of director
unoccupied. Moreover, the hiring of replacement workers does not of international call center operations. However, because of certain
terminate employer-employee relationship because a strike is a "family reasons," Lionel advised the company of his preference to
temporary stoppage of work only. Finally, replacement workers are stay in the Philippines. He was dismissed by the company. Lionel
deemed to have accepted their engagement subject to the outcome now seeks your legal advice on:
of the strike.
(A) Whether he has a cause of action
7. Luisa Court is a popular chain of motels. It employs over 30 (B) Whether he can file a case in the Philippines
chambermaids who, among others, help clean and maintain the (C) What are his chances of winning
rooms. These chambermaids are part of the union rank-and-file
employees which has an existing collective bargaining agreement (A) Lionel has a cause of action. He has a right to be secure in his
(CBA) with the company. While the CBA was in force, Luisa Court job; his employer has the correlative obligation to respect that right;
decided to abolish the position of chambermaids and outsource the his dismissal constitutes a violation of his tenurial right; and said
cleaning of the rooms to Malinis Janitorial Services, a bona fide violation caused him legal injury.
independent contractor which has invested in substantial equipment
and sufficient manpower. The chambermaids filed a case of illegal (B) Lionel can file an illegal dismissal case in the Philippines. Being
dismissal against Luisa Court. In response, the company argued that a resident corporation, J P Morgan is subject to Philippine Labor
the decision to outsource resulted from the new management’s Laws. And, although hired abroad, Lionel’s place of work is Taguig.
directive to streamline operations and save on costs. If you were the Hence, he can lodge his complaint with the NLRC-NCR which has
Labor Arbiter assigned to the case, how would you decide? territorial jurisdiction over his workplace (Sec. 1, Rule IV, NLRC
Rules of Procedure, as amended).
I would declare the chambermaids to have been illegally dismissed.
(C) Lionel has reasonable chances of winning. His recall to the USA
The chambermaids are regular employees for performing work was not a lawful lateral transfer that he could not refuse. On the
necessary or desirable to the main trade of the Luisa Court. As such, contrary, it was a scalar transfer amounting to a promotion which he
they enjoy security of tenure. The job contracting arrangement could validly refuse. Absent willful disobedience, therefore, his
between Luisa Court and Malinis Janitorial Services is prohibited by termination is groundless.
D.O. 18-A because it has the effect of introducing workers to
displace Luisa Court’s regular workers. 10. Which of the following groups does not enjoy the right to self-
organization?
8. Luisa was hired as a secretary by the Asian Development Bank
(ADB) in Manila. Luisa’s first boss was a Japanese national whom (A) Those who work in a non-profit charitable institution
she got along with. But after two years, the latter was replaced by an (B) Those who are paid on a piece-rate basis
arrogant Indian national who did not believe her work output was in (C) Those who work in a corporation with less than 10 employees
accordance with international standards. One day, Luisa submitted (D) Those who work as legal secretaries - Legal secretaries are
a draft report filled with typographical errors to her boss. The latter confidential employees.
scolded her, but Luisa verbally fought back. The Indian boss decided
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to terminate her services right then and there. Luisa filed a case for 11. Our Lady of Peace Catholic School Teachers and Employees
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illegal dismissal with the Labor Arbiter claiming arbitrariness and Labor Union (OLPCS-TELU) is a legitimate labor organization
composed of vice principals, department heads, coordinators, (A) Are the employees of Philhealth allowed to self-organize and
teachers, and non-teaching personnel of Our Lady of Peace Catholic form PEA and thereafter demand Philhealth to enter into
School (OLPCS). negotiations with PEA for better terms and conditions of
employment?
OLPCS-TELU subsequently filed a petition for certification election (B) In case of unresolved grievances, can PEA resort to strikes,
among the teaching and non-teaching personnel of OLPCS before walkouts, and other temporary work stoppages to pressure the
the Bureau of Labor Relations (BLR) of the Department of Labor and government to accede to their demands?
Employment (DOLE). The Med-Arbiter subsequently granted the
petition and ordered the conduct of a joint certification election for (A) Under E.O. 180, Philhealth employees can organize. Thru their
the teaching and non-teaching personnel of OLPCS. organization, they can negotiate with Philhealth over terms and
conditions of employment not fixed by its charter, Civil Service Law,
May OLPCS-TELU be considered a legitimate labor organization? or applicable salary standardization law.
Yes, OLPCS-TELU is a legitimate labor organization. Its mixed- (B) No. Although the right to organize implies the right to strike, law
membership which includes supervisors and rank-and-filers does may withhold said right. E.O. 180 is that law which withholds from
not affect its legitimacy. The only effect of such membership is that government employees the right to strike. Hence, they cannot resort
the supervisors in the persons of vice-principals and department to strikes and similar concerted activities to compel concessions
heads are deemed automatically removed (RA 9481). from the government.
Comment: Another tricky question. The body of the problem leads 14. The procedural requirements of a valid strike include:
one to “appropriateness of a CBU”. Hence, he might apply the
Substantial Mutuality of Interest Principle based on his observation (A) A claim of either unfair labor practice or deadlock in collective
that the employees perform separate but interdependent tasks. bargaining
Actually, the question is legitimacy of status only (LLO status). So (B) Notice of strike filed at least 15 days before a ULP-grounded
the fact to tackle is mixed-membership. strike or at least 30 days prior to the deadlock in a bargaining
grounded strike
12. Samahang East Gate Enterprises (SEGE) is a labor organization (C) Majority of the union membership must have voted to stage the
composed of the rank-and-file employees of East Gate Enterprises strike with notice thereon furnished to the National Conciliation and
(EGE), the leading manufacturer of all types of gloves and aprons. Mediation Board (NCMB) at least 24 hours before the strike vote is
taken
EGE was later requested by SEGE to bargain collectively for better (D) Strike vote results must be furnished to the NCMB at least seven
terms and conditions of employment of all the rank -and-file (7) days before the intended strike
employees of EGE. Consequently, EGE filed a petition for
certification election before the Bureau of Labor Relations (BLR). 15. Lincoln was in the business of trading broadcast equipment used
by television and radio networks. He employed Lionel as his agent.
During the proceedings, EGE insisted that it should participate in the Subsequently, Lincoln set up Liberty Communications to formally
certification process. EGE reasoned that since it was the one who engage in the same business. He requested Lionel to be one of the
filed the petition and considering that the employees concerned were incorporators and assigned to him 100 Liberty shares. Lionel was
its own rank-and-file employees, it should be allowed to take an also given the title Assistant Vice-President for Sales and Head of
active part in the certification process. Technical Coordination. After several months, there were allegations
that Lionel was engaged in "under the table dealings" and received
Is the contention of EGE proper? Explain. "confidential commissions" from Liberty’s clients and suppliers. He
was, therefore, charged with serious misconduct and willful breach
EGE could file the petition for certification election because it was of trust, and was given 48 hours to present his explanation on the
requested to collectively bargain and it could not do so because charges. Lionel was unable to comply with the 48 -hour deadline and
SEGE was not the EBR. After it filed the petition, however, it was subsequently barred from entering company premises. Lionel
reverted to its standby status. Therefore, it could not interfere with then filed a complaint with the Labor Arbiter claiming constructive
the selection process which was the exclusive prerogative of its dismissal. Among others, the company sought the dismissal of the
workers. It could only participate in the inclusion-exclusion complaint alleging that the case involved an intra-corporate
proceedings, and nowhere else. controversy which was within the jurisdiction of the Regional Trial
Court (RTC).
13. Philhealth is a government-owned and controlled corporation
employing thousands of Filipinos. Because of the desire of the If you were the Labor Arbiter assigned to the case, how would you
employees of Philhealth to obtain better terms and conditions of rule on the company’s motion to dismiss?
employment from the government, they formed the Philhealth
Employees Association (PEA) and demanded Philhealth to enter I will deny the motion to dismiss.
into negotiations with PEA regarding terms and conditions of
employment which are not fixed by law. Lionel is not a corporate officer but a corporate employee only
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because:
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(B) The union may file a complaint for illegal lockout, with prayer for
immediate reinstatement. The refusal of Liwanag Corporation to
admit the strikers back is an illegal lockout because it is not preceded
by compliance with prescribed pre-lockout procedure. If the lockout
is unreasonably prolonged, the complaint may be amended to
charge constructive dismissal.
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